J and A SPE7M5-19-R-0027.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M5-19- R-0027

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

The Government has retained the right to approve manufacturing sources for this item due to its criticality and Microsemi Corp.-Power Management (56623) is the only source that has been approved to manufacture this item.

Currently, based on the lack of adequate data, only Microsemi Corp.-Power Management (56623) is uniquely qualified because it is the only known source with the data necessary to manufacture this item.

Further, no data is available. The alternate offeror is required to provide a complete data package including data for the approved and alternate part for evaluation.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized on or about 08/12/2019.

[X] Dealers of the manufacturers will be solicited.

[X] Other: Will be posted to the DLA Internet Bid Board System (DIBBS).

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

The most recent buy (SPE7M5-17-P-9560 dated 5/19/2017) for this item was with Norstan Electronics, Inc.

(6U150) and it was determined fair and reasonable based on Contracting Officer analysis and comparison to historical prices paid, whether by the Government or other than the Government, for same or similar items and prior price is a valid basis for comparison as supported by prior file documents. The award Price Reasonableness Code (PRC) was coded “BG”.

Since the estimated maximum total is under $2,000,000.00, price analysis will be used. In performance of price comparison, learning curves and the Bureau of Labor Statistics PPIs will be applied to the main buy quantity to be bought and to each incremental pricing structured mid-point quantity (if applicable), allowing for time and quantity variances as compared to the most recent successful award price to establish minimum and maximum pricing. Other than cost and pricing data, along with the use of the resources available through the Pricing Office may be required (if applicable).

Negotiations procedures may be used pending on price analysis results and competition.

8. Market Research/Efforts to Obtain Competition:

Based on aforementioned, Microsemi Corp.-Power Management (56623) is the only approved source for this item acquired for the second or subsequent time, directly from the actual manufacturer and that the data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate economical description of the material for a competitive solicitation. A Market Research Survey was sent to Microsemi Corp.-Power Management (56623) to be completed and return.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

In addition to the above, a “Sources Sought Notice” was posted in the Federal Business Opportunities (FedBizOpps) to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential contractors to complete and return.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[X] A market survey was conducted on/during 6/04/2019 and a “Sources Sought Notice” was posted in the Federal Business Opportunities on 6/24/2019 with a suspense date of 7/01/2019.

Total number of vendors contacted: one (1)

Names of vendors contacted and responding:

a) Microsemi Corp.-Power Management (56623)

b) There was one (1) response to the “Sources Sought Notice” that was posted in the FedBizOpps from the following vendor:

1) P.A.R. Products Co. (1T408).

Techniques used to conduct survey:

a) Market Surveys were sent via e-mail out to the following approved source:

1) Microsemi Corp.-Power Management (56623)

b) A “Sources Sought Notice” was also posted in the Federal Business Opportunities (FedBizOpps) to seek possible potential sources for this item that may possess the expertise, capabilities, and experience to meet the Government’s requirements. A Market Research/Survey was attached to the notice for potential sources to complete and return.

Types of information requested:

A brief summary of information requested by the Market Research/Survey:

Is your company interested in pursuing a Firm Fixed Price contract for this item?

Your company size?

Is your company a manufacturer or dealer of this item?

Do you have a parent company?

Is this a “commercial” item per FAR 2.101 (b)?

Would you be willing to submit an offer on this item?

Based on the estimated buy quantity, for budgetary purposes, what is the estimated unit price?

What is the estimated delivery schedule for this item?

Are there incremental quantity breaks for this item?

Do you have a minimum order?

Is FOB Origin acceptable?

Is Inspection/Acceptance at Origin is acceptable?

Do you currently have any active federal contracts and/or grants in excess of $10,000,000.00?

For contracts estimated over $ ,000.00, Cost or Pricing Data “may” be required per DFAR

252.215-7010. Is your company and your subcontractors (if applicable) capable of providing this data?

Please list main and the secondary point of contract for procurement questions.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

Information received regarding the commerciality of the item:

a) The following two Market Research Surveys were received:

(1) Microsemi Corp.-Power Management (56623):

Microsemi stated the item is commercial and that 100% sold to the general public/private sector, indicating that they believe this is resold to the Government. However, the data they provided did not support their claim of commerciality. They do not have a price list or data sheets to support their claim.

Further, the sample invoices chart provided seemed to correlate to awards issued by the U.S.

Government for this item. Based on the data provided, there is no collaborating evidence to support their commerciality claim.

(2) P.A.R. Products Co. (1T408):

P.A.R. Products stated that the item is not commercial.

b) Other additional findings:

(1) Per SAP MM03 – INDUST SUP “Commercial Off-the-Shelf” was originally “not” coded. A Referral was sent to Technical for clarification. The Product Specialist stated that they searched Microsemi’s website and catalog data and the BR8Z is not available. The Product Specialist stated that the item was “not” commercial.

(2) The sole source part number was researched in Haystack, GSA, and Google. No additional data was found to indicate that this part is available commercially.

(3) The AMC/AMSC is coded “3/D”; acquired, for the second or subsequent time, directly from the actual manufacturer and that the data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation.

(4) Per the Product Specialist and DOD FedMall, the item is used solely on the U. S. Air Force F-5 and T38 aircraft.

Therefore, based on the aforementioned, this item has been determined “not” to be commercial.

9. Additional facts supporting other than full and open competition are:

[X] Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is:

a) Microsemi Corp.-Power Management (56623)

b) P.A.R. Products Co. (1T408)

11. The following actions are being taken to identify additional sources:

[X] Other: Solicitation contains DLAD Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Number Items.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

12. In compliance with DFARS PGI 206.303-2(B):

A review of procurement history in IHS Haystack Gold, along with Records Management indicates that subject NSN was procured an estimated twenty three (23) separate times dating back 1976. A review of these awards indicated that the last “large” procurement was SPM7M18-12-C-0019) dated 8/15/2012. A review of this award does indicate that a large buy contract was issued, but no Justification for Other Than Full and Open Competition (J&A) was completed.

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

Date

Christine D. Boyer Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. This J&A has an estimated PR value (94 each) of with an estimated value at the top price break (150 each) of

Mary E. Shearer Date Competition Advocate

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

BOYER.CHRISTI

NE.D.1249699639

Digitally signed by

BOYER.CHRISTINE.D.124969963

Date: 2019.07.29 13:06:15 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.07.30 15:42:19 -04'00'